Merck Loses Appeal of Failed Bid to Invalidate Device Patents

Merck Sharp & Dohme Corp. failed to revive its challenge of implantable medical device patent claims after the Federal Circuit affirmed the patent agency tribunal’s rejection.

The U.S. Court of Appeals for the Federal Circuit said in a nonprecedential opinion Tuesday that the Patent Trial and Appeal Board cited substantial evidence in upholding the challenged parts of Microspherix LLC’s U.S. Patent Nos. 9,636,401; 9,636,402; and 8,821,835.

Merck challenged Microspherix’s patents after being sued by Microspherix in the U.S. District Court for the District of New Jersey. Microspherix alleged Merck’s Nexplanon implantable contraceptive infringed its patents.

Microspherix’s patents ...